03/20/2001 (2)
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, . ACTION AGENDA
COMMUNITY DEVELOPMENT BOARD, MEETING
CITY OF CLEARWATER
March 20, 2001
Meeting called to order at 1 :00 p.m. at City Hall
, ITEM A - REQUESTS FOR CONTINUANCE/RECONSIDERATION
Item #D5 - 2301 Campbell Road: Paul A. Yound, Carolvn L. Younq & Judith N.
Coachman/City of Clearwater - 'Owner/Applicant. . Request annexation of 3.65
acres to the City of Clearwater and a Land' Use Plan amendment to RE, Residential
Estate Classification, and rezoning to LOR, Low Density Residential District at M&Bs
34/01 and 3~/011 in Section,6, Tow~ship, 29 South, Range 16 East.
,ANX OO~09-16
ACTION - CONTINUED TO APRIL 17 t 2001 ~ 6:0
ITEM B - CONTINUED ITEMS
Item #B1 - (Cont'd from 12/12/00) 3006 Gulf-to-Bav Boulevard: Thanh Phuoc &
Kimtruc Thi NQuven - Owner! Applicant. Request flexible development approval of
a nightclub within the Commercial District, with a r~duction in required number of
parking spaces from 20 spaces to18 spaces, as a Comprehensive Infill
Redevelppment Project with Comprehensive Landscape Program at Bay View City
Sub, Blk 8, Lots 8, 9, 10& 1/2 of vac alley on N less R~. right-of-way on S.
FL 00-Oa~33
:ACTJON - DENIED - 6:0
'ITEM C ~ LEVEL TWO APPLICATIONS
Item #C1 -,42 Midwav Island: E~nest H. McDowell - Own~r/Applicant. Request
flexible development approval to reduce rear setback from 25 feet to 10 feet as part
,of Residential lnfill Project at Island Estates of Clearwater Unit 3, Lot 8.-
, FL 01~01-02
ACTION ~ MOTION TO APPROVE FAILED - 2:4
acd0301
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Item #C2 - 601 N; Belcher Road: Luverne M. Loken. TRE/ United Bank & Trust
Company - Owner/Apolicant. Request flexible development approval to reduce
south front setback along Sharkey Road ,from 25 feet to 5 feet, reduce west front
setback along Belcher Road from '25 feet to 1 5 feet. reduce north front setback
alcing NE Coachman Road from 25 feet to 15 feet; permit parking within
Institutio'nal District. and increase area of a retail sales and service use from 10%
11,433 square feet) to 18% (2,500 squDre feet) in the Office District, as part of a
Comprehensive Infill Redevelopment Project at Sec. 07~29~16, M&B 32.031.
FL 01-01-04
ACTION - APPROVED - 4:2 With conditions: 1) building architecture be revised to
include a sloped roof or similar architectural features and 2) all signage to meet
Code.
Item #C3 - 11 00 s~ Missouri Avenue: The Clearwater Group. Ltd. - Owner/
Apolicant. Request amendment to previously approved Certifier, ~jte Plan (Sunshine
Mall) to authorize a change of use for undeveloped parcels from commercial to '
multi-family, totaling ,155 units and 15;602 square-feet of existing commercial use
at Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B's 21.12 & 21.13.
,FL 01-01-05
ACTION - APPROVED - 5:0 With conditions: 1) final design of buildings to be
.co'nsistent with conceptual elevations submitted or as modified by the COB; 2) site
density be limited' to 1 56 dwellings l;Jnits and 15.602 square feet of non-residential
uses or be based on a conversion rate as outlined in the staff report; and 3) all
signage comply with Code.
Item #C4 - 2394 Gulf-to-Bav Boulevard: Davton Andrews. Inc. - Owner/Applicant.
Request Flexible Development approval to permit vehicle sales/display, in the,
Commercial District: 11 reduce lot area, from 40;000 square-feet to 32,929 square-
feet; 2) reduce lot width from 200 feet to 100 feet; 3) permit vehicle display within
front setbacks along Gulf.to-Bay Boulevard & Fernwood Avenue; 4) permit vehicle
sales/display on lot contiguous to property designated as residential in zoning atlas;
5) permit vehicle sales/display on lo~ with less than 7 ,000 square~feet of enclosed
bui.lding; 6) permit vehlcle sales/display outside an enclosed building; 71 reduce
, required parking spaces from 77 spaces to 5 spaces; 7) permit reduction in
landscape buffer from 15 'feet to 7.5 feet on Gulf~to-Bay Boulevard; and 8) permit a
, reduction in landscape buffer from 15 feet to zero feet on Fernwood Avenue as part
of a Comprehensive Infill Redevelopment Project at Sec. 18~29-16, M&B 24.07.
FL 01-01-03
ACTION - CONTINUED TO APRIL 17. 2001 .' 6:0
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Item #C5 - 1919 Eda8water Drive: Bav View Hotel. Inc./Fred & Vivian Whalen -
Owner/ADPlicant. Request Flexible Development approval to permit direct access
onto Edgewater Drive, an arterial road, a reduction in the front setback along
Edgewater Drive from 1 5 feet to 10 feet, and a reduction in the north and east side
setbacks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment
Project with Comprehensive Landscape Program at Sunset Point and Replat, Lot 2 &
3 less Rd & Blk A, part of Lot 5. FL 00~12~63 .
ACTION - APPROVED ~ 5:0 With conditions: 1) site plan & hotel use to be
contingent on Future land Use map amendment from, RM, Residential Medium,
'classification to RFH, Resort Facilities High'classification'(LUZ 01-12-02); 2) site
plan & hotel use to be contingent on rezoning the 0;923~acre portion of the site
from MOR, Medium Density Residential to T, Tourist District (LUZ 01-12-02); 3)
should 52-inch oak tree die' as a result of its relocation, replacement trees, totaling
52 ihches, to be planted to staff satisfaction or a combination of replacement trees
and payment in lieu to be provided; 4) property owner to regularly maintain 0.135-
acre passive recreation parcel along Stevenson's Creek; 5) building elevations to be
amended to include one primary earth tone calor & a limited number of accent
shades, to satisfaction'of staff; 6) all Recreation Facility fees to be paid for
additional units/roams prior to issuance of a building permit for the hotel; and 7) a .
five-fo'ot sidewalk to be provided along Edgewater Drive and Sunset Poin~ Road
prior to Certificate of Occupancy.
,ITEM 0 ~ lEVEL THREE APPLICATIONS
Item #01 - 1919 Edqewater Drive/Sunset Point Road: Fred & Vivian Whalen/
Waterfront Inn Sault. Ltd. - Owner/Applicant. Request Land Use Plan amendment
from RM, Residential Medium Classification to RFH, Resort Facilities High
Classification; and rezoning from MDR, Medium Density Residential District to T,
Tourist District at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5.
lUZ 01-12~02
ACTION - RECOMMENDED APPROVAL - 5:0 With conditions: 1) Amend Future
Land Use Plan designation of Lots 6 and 7 and portion of Lot 8, Sunset Point
Subdivision from Residential Medium (RMI to Resort Facilities High (RFH) and 2)
amend the zoning district designation of Lots 6 & 7 and portion of Lot 8, Sunset
Point Subdivision from Mediu'rn Density Residential (MDR) zoning district to Tou,rist
(Tl.
, '
Item #02 117 N. McMullen~Booth Road: Robert S. Grossman - Owner/Applicant.
,Request annexation of 0.67 acre to the City of Clearwater at Lots 1 and 2, Crystal
Heights Subdivision, in Section 16; Township 29 South, Range 16 East.
ANX 01 ~01-04
ACTION - RECOMMENDED. APPROVAL - 6:0
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Item #03 - 117 N. 'McMullen~Booth Road: Robart S. Grossman - Owner/Applicant. '
Request land Use Plan amendment from RU, residential Urban to R/OL,
Residential/Office Limited Classification and rezoning from R-3, Residential, Single
Family District (County) to 0, Office District of 0.67 acre at Lots 1 and 2, Crystal
Heights Subdivision, in Section 16, Township 29 South, Range 16 East.
lUZ 01 ~01 ~03 .
ACTION - RECOMMENDED,APPROVAL - 6:0
Item #04 - 1751 Cardinal Drive: Aldo Yoannan - Owner/Aoplicant. Request
annexation of 0.19 acre to the City of Clearwater and a land Use Plan amendment
to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density
Residential District at North 72 feet of Lot 69 and the South 3 feet of lot 68 of
Pin'ellas Terrace in Section 05, Township 29 South, Range 16 East. ANX 01-01-04
ACTION - RECOMMENDED APPROVAL ~ 6:0
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Item #05 - 2301 Campbell Road: Paul A. Younq, Carolvn L. Younq & Judith N.
Coachman/Cltv of Clearwater - Owner/ADPlicant. Request annexation of 3.65
acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential
Estate Classification, and rezoning to LDR, Low' Density Residential District a~ M &
B'S 34/01 and 34/011 in Section 6, Township 29 South, Range 16 East.
ANX 00-09-16
Item #06 ~ 1273. 1277.1281,1285.1295 Bertland Way & 1950 Betty Lane:
Charles E. Johnson III/Citv of Clearwater - Owner/Applicant. Request annexation
of 0.86 acre to the City of Clearwater and Land Use Plan amendment to RU,
Residential Urban Classification, and rezoning to lMDR, Low Medium Density
Residential District at Lots 26, 27, 28, 29, 31, and 32, Floradel Subdivision,
together with adjoining right-at-way of Betty Lane. ANX 00-12-21
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ACTION - CONTINUED - SEE ITEM A
ACTION - RECOMMENDED APPROVAL - 6:0
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Item #07 - 1289 Bertland Way: Clvde & Winnie L.Tisdale & /Citv ot Clearwater -
Owner/Applicant. Request annexation of 0.14 acre to the City of Clearwater and
Lan9 Use Plan. amendment to RU, Residential Urban Classification, and rezoning to
. LMDR, Low Medium Density Residential District at lot 30, Floradel Subdivision.'
ANX OO~12-22
ACTION - RECOMMENDED APPROVAL - 6:0
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,Item #08 - 2057 The Mall: Paul A. Lennox & Brenda K. Haraett/Citv of 'Cle'arwater
- Owner/ ADDlicant. Request annexation 010.14 acre to the City of Clearwater,
and Land Use Plan amendment to Residential Urban and Preservation Classification,'
and rezoning to LMDR, Low Medium Density Residential District at Lot 10, Block H,
Brooklawn Subdivision, together with adjoining right-of-way. ANX 00-12-23
ACTION - RECOMMENDED APPROVAL - 6:0
Item #09 - 2053 The Mall: J. B. Grammatico/Citv of Clearwater - Owner/
Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land
Use Plan amendment to Residential Urban & Preservation Classification, and
rezoning to LMDR, Low M'edium Density Residential District at Lot 11, Block H,
Brooklawn Subdivision. ANX 00-12-24
ACTION - RECOMMENDED APPROVAL - 6:0
Item #010 - 2049 The Mall: GeorQe M. Cecere & Helen M. Bi"adlev/Citv of
Clearwater - Owner/Applicant. Request annexation of 0.11 acre to the City of
Clearwater, and Land Use Plan amendment to Residential Urban & Preservation
Classification, and rezoning to LMDR, Low Medium Density Residential District at
Lot 12, Block H, Brooklawn Subdivision: ANX 00-12-25
ACTION - RECOMMENDED APPROVAL - 6:0
Item #012 - 2056 The Mall: Neil R. & W. Ilene M. De'Remer/Citv of Clearwater -
Owner/Applicant. Request annexation of 0.11 acre to .the City of Clearwater, and
Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to
LMDR, Low Medium Density. Residential District at Lot 10, Block G, Brooklawn
. Subdivision. ANX 00-12-27
ACTION - RECOMMENDED APPROVAL - 6:0
item #013 1717 EI Trinidad Drive East: Paul M. & Julie M. Gral11blin/Citv of
Clearwater - Owner/Applicant. Request annexation of 0.16 acre to the City of
Clearwater, and Land Use Plan amendment to RL, Residential Low Classification,
. and rezoning to LMDR, Low Medium Density Residential District at Lot 5, Block 1,
Virginia Grove Terrace. ANX 00-12-28
ACTION - RECOMMENDED APPROVAL - 6:0
, acd0301'
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03/20/01
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ITEM E - APPROVAL OFTHE MINUTES - 02/20/01 '
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ACTION -APPROVED. 6:0,
,ITEM F' - DIRECTORS ITEM~
, Ele'ction of Officers
ACTION - ELECTED - Gerald Figurski as Chair and Carlen Petersen as' Vic~-Chair.\
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Consent 'Agen~a'
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"It ~as requ~sted mem'bers review the memorandum recommending th'e
board ,establish a Consent Agenda. Issue to be discussed. '
Alternate Member
,," ,', It was felt it would be unfair for 'an alternate member to prepare f~r meetings"
. andbe not allowed to participate. It was suggested an alternate meniber,sit on' the
"dais' and discuss the issues. The alternate member only would vote when the full, "
boa'rd .was not prese':lt. . '
, ITEM G - ADjOURNMENT ,-' 5:17 p.m~
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FORM8S MEMORANDUM OF VOTING CONFLICT FOR COUNTY.
'MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
lA;\I{ST ~ME . FIRST NAME. MIODLE N~ME NAA4E OF BOARD, COUNCIL, COMMiSSION AUTHORITY OR
J COMMITTE "". /l I
'Z. IJO- w.... .,. aL . ./..JJ,lI.,.Qo..-<t
MAILING ADORE S THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR
c.Qf.y.mTEE ON WHICH I SERVE IS A UNIT OF:
l~l,:, d~\ ~ITY 0 COUNTY 0 OTHER LOCAL AGENCY
CIN NAME OF POLITICAL SUBIVISION;
G!~y~~ .GI/' CJ~rJl^ 't.r
DATE ON WHICH VOTE OCCURE~ MY POSITION IS:
o ELECTIVE
WHO MUST FILE FORM 88
This form is fO( UGe by an person serving at the county, city. or other local level of govemment on an appointed or elected board, council,
commiulon, lliuthority, or committM. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112,3143, Florida Sl:ilMes.
Your responsibilities 'under the law when raced with a measure in which you have a conflict of Interest will vary greatly depending on- whether
you hold an elective 0( lippolntive position. For this reason. pleoso pay close attention to the instructions on this form before completil'lg the
reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.314:). FLORIDA STATUTES
'I
A person holding elective or appointive county, municipal, or other local publiC office MUST ABSTAIN from voting on a moasure which inures
to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure Which inures to the
special gain of II principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a
corporate principal by which he is retained); to the spacial private gain of a relative: 0( to ltie special private gain of a business asSociate,
Commissioners of community redevelopment ogencioo undef' See, 163,356 or 163,357. F.S" and officers of independent special tax districts
olect9d 00 II one-~re. one-vo~ basis llire not prohibited from voting in that capacity. '
For purposes of this law" a "relative" includes only the officer's falhor, mother, son, daughter; husband. wife. rather-In-law, mother-in.law,
son-in-law, llInd daughter-In-law, A "business associate" means any persGn or entity engaged in or carrying on a busine!is enterprise with the
officer as il partner, joint venturer, co-owner of property, or corporale shareholder (where the shares of the corporation are f'lot listed on any
national or regional stock exchange), '
ELECTED OFFICERS:
In addition to abstaining from voting In the situations doscribed above, you must disclose the conflict:
PRIOR TO THE VOTe BEING TAKEN by publicly stating to tho assembly the Nl1Jre of your interest in the measure on which you are
abstaining from voting; .nd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes
of the meeting. who should Incorpor.IoUlIhe focm in the minutes,
APPOINTED OFFtcERS:
Although you must a~tarn from voting In thu situations described 1100\'$, you olherwiSS3 may participate in these matters. However, you
must disclose the nal\lut of the conflict before making any attempt to innuance tho decision. whether orally Of in writing and whether made by
you or your dIrection.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must completo and file this ferm (before making any :attempt to influence the decision) with the person responsible for recording the
minutes of the moeling, who will Incorporate the form in tho minutos,
, \...) . A copy of Ule form must be provided Immediately to the other members of \he agency,
. The form must be read publicly at the next meeting aftsr the form IS filed:
CE Form as .10.91
PAGE 1
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IF YOU MAKE NO ATTEMPT TO INFLueNCE THE DeCISION EXCePT BY DISCUSSION AT THE MEETING:
· You ITlI.Mt dlacIoel.n cntl the nIture 01 )'CU" oonftIct In h measure before partIeIpGting.
· You ~ oompIetII the fonn'lI'Id tile It WiIhIn 15 eta)' after the vote 0CCl.n with the perwon raspoI*bb tor ~!he mInutet of the (
meeting. who mu.t inoorpofate the fonn In the mlnutee. A copy d the fonn must be provIdod mn.d~ttIy to the other member. of the
agency, 1II'ld!he form moat be read publicly It the next meeting aft<< the form ~ tiled.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
"
I, U" r'd ~ ",.- .7 r ' ,ho<eby diocloso !hat on
(0) A measure carne or will como before my agenCy which (check one)
Inured to my special private gain;
inured to the special gain of my business associate,
Inured to the special gain of my relative.
~ 'Inured to the special gain of ~ C J~5U'1-- ~ Y1I V f Lrj
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, whom I :am .retained: or
inurod to the special gain of
organization or subsldiary of a principal which has retained me,
(b) The measure before my Qgency and the n:atlJre of my connlcting interest In the measure is llS follows:
, which is the parent
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1991). A FAILURE TO MAKE ANY REOUIREO DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL
OR SUSPENSION FROM OFFICE OR EMPLOYMENT. OEMOITION, REOUCTIONS I~ SALARY, REPRIMAND, OR A CIVIL PENAL TV l:,.JI
NOT TO EXCEEO $5,000, "'w
CE Form 88 .10.91
PAGE 2
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must cIlsdoswe on:lly the nature of you' CXlnfIIct In the measure bofufe participating.
. You must cor:nPtt- the focm and No It within 15 days lifter 1M vote 0QCUI"8 with the perscn '8SpOmllble for I"DCCf'ding the minutes of th. f
meeting, who must Incorporate the form In the rnlnut:M, A copy of the form must be prov\ded lmroodiately to the other membe~ of thG
agency, and 1he fomt mu.t be reed publicly at the next meeting lifter tho form Is filed.
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, U",.,.,c1 ;f;t;~ 'Ir- :r r ,hereby d'rscIose ~ on :? /2.--tJ
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(a) A measure came or wiU come before my agency which (chock 000)
Inured to my special private gain;
.' inured to the special gain of my business associnte,
Inured to the special gain of my relative,
~. Inured to the ~peclal g:aln of ~ C 1~-I.J"t- ~ -n '" f LfJ ' I whom I am retained: or
lnured to the special gain of , which is the parent
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organization or su~lcI1ary of 01 principal which has retained me.
(b) The measure before my agency and the nature of my connlcting Interest In the measure Is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES!i112,317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL
OR SUSPENSION FROM OFFICe OR EMPLOYMENT, DEMOITION. REDUCTIONS IN SALARY, REPRIMAND, OR A CIVIL PENALTY
NOT TO EXCEED' $5.000. ' .
CE Form B8 . 10.91
PAGE 2
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DATE ON WHICH VOTe OCCURED
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FORM 88 MEMORANDUM OF YOTING CONFLICT FOR COUNTY.
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME. FIRST NAME. MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION AUTHORITY OR
M '2. a.. A p- COMMITTEEc.,,,, v. J3p
MAI31~_N~~DDRe~ l /l D__ _ /.J.. THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR
., fY\~ d..c.t. fW"'j '-I COMMITTEE ON WHICH I SERVE IS A UNIT OF:
CITY 0 COUNTY 0 OTHER lOCAL AGENCY
AME OF POLITICAL SUB1V1SION:
C/t!.ArH"~ r
MY POSITION IS:
COUNTY
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WHO MUST FILE FORM 88
This form Is for usa by an person serving at the county, city, or other local love I of gOl/emment on an appointed or elected board, council,
commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who ara presented with a voting
conflict of Interest under Section 112.3143, Florida StaMes. '
,-
of:
Your responsibilities under the law when faced wtth " measure in which you have a conflict of interest will vary groatly depending on Yfhether
you hold an elective or appointive position. For this reason, please pay close attention to tho Instructions on this form before completing the
(everse sIde and filing the form,
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INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
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A person holding e4ective or appointive county. municipal, Of' other local public offICe MUST ABSTAIN from voting on a measure which inures
to hI$. special private gain. Each elected or appointed local officer also is' prohibited from knowingly voting on a measure which Inures to the
spacial gain of a principal (other than a government agency) by whom he is rotained (including tho paront organization or subsidiary of a
corporate principal by which. he is retained): to the Gpeci2f private gain of a relative; or to the special privata gain of a business llssaciate.
Commissioners of community redevelopment agencies under See, 163,356 or 183,357, F.S.,'and officers of independent special tax districts
elected on a OM-acre, one-vote basis are not prohibited from voting in that capacity.
For purposes of ltIis law, a .relalil/o. Includes only the off\Cer'~ falhar. mother, son, daughter. husband. wife, father-in-law. mother-in-law.
son-in-law, and daughter-in-law. A .business associate" moans any person or entity engaged in or carrying on a business enterprise with tho
officer as a partner, joint venturor, CCHlWner of property,' Of' eorpOI'ate shareholder (whl!re the shares of the corporation are not Iistod on any
national or regional stock exchange),
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ELECTED OFFICERS:
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In addition to abstaining from voting In the situations described abovo, you must dbcloso the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to \he Br.sembly the nature of your interest in the moasure,PfI which you are
abstaining from voting; .nd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by COfTlp/eting and filing this fann with the person responsible for recording the minutes
of the meeting, who should Incorpol"Qte tho form in the minutes, .
, APPOINTED OFFICERS:
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Although you must Dbstaln from voting in the,situatJons described above, you otherwiso may participale in theso matters, Howevor. you
must disclose tho nature of the conniet bofore making any attempt to innuence tho deCision, whether orally or in writing Gnd whether made by
you or your dIrection, ,
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTe WILL 8E
TAKEN:
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. You must completo and filo this form (before making any attempt to innuence the decision) with the person responsible for r€>Cording the
minutes of the mooting, who will Incorporate the form in the minutes,
,... ';J · A copy of the form must be pro",ided Immodiately 10 the other members of the agl!ncy,
. The form must be read publicly at the noxt meeting aftar the torm IS filed,
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CE Form ae .10-91
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE ME!ETING:
· You ~ ~ cnIy the natln of you- conftlct In the rnflaUl'8 before particlpating.
· You IT'Il.-t c:ccnpIeta the farm and file It within 15 daY' In. the vote oc:ctn ~ the porwon rnpoIlIib&e for recording the mtnut.e. of the
meeting. who mu.t ~ the form In tho mlnutes. A copy of the ram muat b. provided lmmedlltmy to the other memben of the
egenc.y, 8fld the form must be reed publicly tit the next meeting after the ram Ia filed.
. .
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
Inured to my special private gain;
inured to the special gain of my business associate.
inured to the special gain of my relative,
~ Inured to the .pecl.l g,'n of , \/ ~ M...f '- ~
inurocHo the special gain of
organization 0( subsldiary of a principal Which has retained me.
(b) The ~suro before my agency and !he nature of my connlctlng int9l'est In the measure ia as follows:
i. e:L. ~ j d) ~". :TV. . '-by cr_ that on
(a) A ITlfIasure came ot wiU come before my agoncy which (check one)
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, whom I am retained; or
. which Is the parent
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Date Flied "'i'
NonCE: UNDER PROVISIONS OF FLORIDA STATUTES !i112.317 P991}. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL
OR SUSPENSION FROM OFFICE OR EMPLOYMENt. DEMOITION. REDUCTIONS IN SALARY, REPRIMAND, OR A CIVIL PENAL TV
NOT TO EXCEeD 55,000.
CE Form 8S . 10.91
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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECtSION EXCEPT BY DISCUSSION AT THE MEETING:
· You must dlsdoeure cnlJy the natIJro 0( )'QU" ccnfkt In tf1e moastJro beforo participating.
· You muat c::ompeta tho form and file It YIithn 15 daya after the VQto oc::a.n wlth tM person mpcrISlble for NCOtdlng the minutes of the
meeting, who must Inc:orporate tho form In the l1'1InutM. A copy d the roon must be provided lmmfld'l8to1y to the other members of the
, agency, IVx:lIhe form mtm be read ptlbflCJy M the next moollng ~ftef' the rom, Is tiled.
,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. &:./... ~ j A4 ") 'N' :Tv. . hereby _1l1at...
(iii) A measure C3m8 or will come before my agency which (check one)
Inured to my special private gain;
inured to the specfaf gafn of my business as.soefate,
inured to the special gain of my relative,
~ lnurod to the special goln " .~ \/ ~ -I.:bt~ --L
inured to .the sPecial gain of
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, whom I am retained; or
, which Is the parent
organization or subslcliary of 11 principal which has rotalned me.
(b) The measure boforo my agency and the f\2wre of my connicting interest In the measure Is as follows: .
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Date Filed ~ 0/,.,.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL
OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOITION, REDUCTIONS IN SALARY, REPRIMAND, OR A CIVIL PENAL T'(
NOT TO EXCeeD 55,000.
ce Form BB . \0.91
PAGE 2
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COMMUNITY DEVELOPMENT BOARD MEETING
CITY OF CLEARWATER
March 20, 2001
P~esent: '
, Gerald Figurski .
E,dward Mazur, Jr.
David Gildersleeve
Shirley Moran
Carlen A. Petersen
. Ed Hooper
Chair
Vice Chair
Board Member
Board Member
Board Member
Board Member
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.. Absent:
Alex Pliska
Board Member
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,Also Present: Leslie Dougall-Sides
Cynthia Tarapani
Lisa L. Fierce
Patricia o. Sullivan
Assistant City Attorney
Assistant Planning Director
Development Review Manager
Board Reporter .
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1
03/20101
The Chair called the meeting to order at 1 :'00 p.m. at City Hall, followed by
the)nvo~ation and Pled'ge of Allegiance. '
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TO. provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
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ITEM A ~'REQUESTS FOR CONTINUANCElRECONSIDERATION '
. .
Item #05 - 2301 Campbell Road: Paul A. YounQ, Carolyn L. Youna & Judith N.
Coachman/City of Clearwater - Owner/Applicant. Request annexation of 3.65
acres to the City of Clearwater and a Land Use Plan amendment to RE, Residential
Estate Classification, and rezoning to LOR, Low Density Residential District at M&Bs
34/01 and 34/0,11 in Section 6, Township 29 South, Range 16 East.
ANX 00-09-16
Development Review Manager Lisa Fierce reported the applicant had
requested the item be continued.
Member Mazur moved to continue Item #05 to April 17, 2001: The motion
was duly seconded, arid carried unanimously.
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ITEM B - CONTINUED ITEMS
, Item #81 - (Cont'd from 12/12/00) 3006 Gulfwto.Bav Boulevard: Thanh Phuoc &
Kirhtruc Thi Nouven -Owner/Apolicant. Reauest flexible develooment approval of
a niohtclub within the Commercial District. with a reduction in reauired number of
parkino spaces from 20 spaces to 18 spaces. as a Comprehensive Infill
Redevelopment Proiect with Comprehensive LandscaDe Prooram at Bav View City
Sub. Blk 8. Lots 8. g, 10& 1/2 of vac allev on N less Rd. rioht~of-wav on S.
FL 00-08-33
Planner Mark.T. Parry reviewed the request. On December 12, 2000, the
COB (Community Development Board)' continued the application to provide the
applicant the opportunity add landscaping and secure required parking within 600
feet of the property. Staff has met num~rous times with the applicant and
representativ,es. The applicant did not submit a viable site plan before this item was
advertised and noticed to surrounding property owners. Since then, the applicant
has sho,"",:n staff amended site plans that propose to remove, healthy trees and to
add one parking space. Copies of the proposal are available for COB member
review. '
The rectangular, O.283-acre site has 126 feet of frontage on Gulf-to-Bay
Boulevard and a one-story, 2,132 square'-foot masonry block building with a flat
roof. The main entrance is on the building's southwest corner. The emergency
exit is on the north side. The building has no windows, trim, or other exterior
architectural relief. Baby Dolls,' an adult use, previously operated on this site. The
building has been vacant for approximately two years.
, The applicant originally submitted a Flexible Standard development
application (FLS 00-02:-04) on February 8, 2000, to change the use from an adult
use to a nightclub in the Commercial District. After the February 24, 2000 DRC
(Development Review Committee) meeting, a corrected site plan indicated t.he site
lacks adequate land to provide the 20 legally sized parking spaces required by Code
for the proposed use. The applicant submitted a revised site plan that includes 18
legally sized spaces and landscaping. As the proposal now included a request that
requires CDS approval, the application was converted to a Flexible Development
request. Staff did not render a decision for the original application.
The applicant r'equests approval of a nightclub use within the Commercial
District; and a reduction in parking from 20 spaces to 18 spaces as part of a
Comprehensive Infill Redevelopment Project. The applicant also requests to reduce
the width of landscape buffers along the east, west, and north property lines from 5
feet to 1.5 feet at the narrowest, and from 15 feet to 13 feet along the south
p~operty line along Gulf-to-Say Boulevard, and to olimtnate interior landscaping, as
part of a Comprehensive Landscape Program.
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03/20/01
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Several significant ~rees are on the property Ii'nes. At the suggestion of ORe,
the owners removed one tree. Portions of the parking lot have pavers. The
remainder f,eatures several, partially filled, potholes. The parking lot needs to be
repaved and restriped. The applicant proposes to repave existing asphalt and
landscape all property lines. No changes are proposed for the st~ucture. Access to
,the lot ,is limited to one curb cut on Gulf~to~Bay Boulevard.
The applicant anticipates the nightclub will have approximately 14
employees, although no more than four would be onsite. Hours of operation will be
Monday through Saturday, 12:00 noon to 2:00 a.m. While the business most likely
will be closed on Sundays, the applicant has in~icated the business may operate
between 5:00 p.m. and 12:00 midnight. '
The 'ORe (Development Review Committee) reviewed the application and
supporting' materials on' March 24; and September 7, 2000. Staff recommends
denial as the application does not propose sufficient landscaping to meet Code and
the proposal dO,es not comply with the standards and criteria for' Flexible
Development approval, and with all applicable Code standards.
Assistant City Attorney Leslie Dougall~Sides said the court had referred the
applicant's request for injunctive relief related to this zoning request,to an
, arbitrator, who then determined that a nightclub use had not been established
previously.
David Browder, representative, said the bu'siness had not been able to obtain
additional parking nearby. Hoosh Ghovaee, Northside Engineering Services,
reviewed attempts to redesign the. parking lot to increase parking capa'city. He said
a nightclub use previously had occupied this property and should be allowed. He
said staff should consider economic development potentials related to the proposal.
He said the City's forester, Rick Albee, had indicated one tree is in poor condition
and. can be eliminated. He said removing the tree would provide enough spa~e for
one parking space, making the property only one space short of Code. He said the
, business will install upgraded landscaping consistent with plans for Gulf-to-Bay
, Boulevard redevelopment. He said the property owners have been unable to use
the property for a year but pay taxes on it.
The number of anticipated patrons was questioned. Mr. Browder said the
Fire ,Department does not determine the maximum number of customers the building
can hold. It was noted the number of patrons relates to the number of necessary
parking spaces. The CDS previously had requested the applicant to provide this
figure.
Thanh Nguyen, owner, said staff had mishandled the case, He said the
,previous tenant's business dJd not close until October 1999., He said this use was'
proposed in February 2000. He said the property would meet the Code's parking
requirement if he could remove two trees.
mcd0301
3
03/20/01
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, Ms. Fierce said during ORe review, staff had suggested, but not mandated,
that one,tree be removed. She said the message left with the appHcant's .
representative by Rick Albee had expressed concern that repositioning the pavers
would further stress the tree. Even if the City approved removal of the tree, the
subsequent parking space wou'ld b,e su'bstandard In size. Staff recommends
retaining the p~operty' s trees. Assistant Planning Director Cyndi Tarapani indicated
the property previously, had an adult use and must meet Code for the new nightclub
use. A smaller building would require fewer parking spaces but still would require
landscaping. In response to a question, she said the business technically could
share parking with a business across the street, although staff would oppose
patrons crossing Gulf-ta-Bay Boulevard at this location, without a traffic signal.
Member Moran moved to deny the request. The motion was duly seconded
and carried unanimously~
ITEM C - LEVEL TWO APPLICATIONS
Item #e1 - 42 Midwav Island: Ernest H. McDowell - Owner/Aoplicant. Request
flexible,development approval to reduce rear setback from 25 feet to '10 feet as part
of Residential Infill Project at Island Estates of Clearwater Unit 3, Lot 8.
FL 01-01-02
Planner W. Ryan Givens reviewed the request. The 0.22-acre site, on the
west side of Midway Island, is south of Windward Passage. This Island Estates
neighborhood features well-maintained, single-family residences. Most houses front
canals that connect with Clearwater Harbor. The applicant has razed the site's
2,295 square-foot single-story residence and removed the pool and patio area,
which had extended to within approximately 10 feet of the rear property line. A
dock extends into the waterway.
The project includes construction of a three-level, 7,381 square-foot house,
30 feet high, above the base flood elevation. The nearly flat roof style features a
, metal hip-roof to the center of the structure. The building footprint is within the
Code's minimum structural setbacks. While a garage and non-habitable spaces will
occupy the first level, the main level above will feature a family room, dining room,
affice, and kitchen. Bedrooms and bathrooms will be on the third floor. From the
patio, flush with the main I'evel, .8 step down will lead to a pool deck. approximately
2.5 feet above grade. The pool deck will provide easy access to the dock. The
seDwall will be removed and rebuilt. While no specific fencing has been proposed,
it must comply with Code and meet waterfront sight visibility triangle standards.
The applicant requests to reduce the rear setback from 25 'feet to 1 0 feet to
construct an elevated pool deck as part of a Residential lnfill Project. < Code allows
accessory structures such as pools and attached decks up to 10 feet from the rear
property line. Pools and decks, when constructed at grade, are difficult to see from
adjacent properties. Structures' cannot be built within a 25-foot rear setback on
,p'roperties that abut waterways. As the propo'sed pool deck is elevated, staff has
determined it should be considered as a' structure within the 25-foot reDr setback.
mcd030 1
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Member Mazur moved to, approve flexible development to reduce the rear
setback from 25 feet ~o 10 feet as part of Residentiallnfill Project at Island Estates
of Clearwater Unit 3, Lot 8 with conditions: 1 r pool deck to be limited to 2.5 feet in
height with minimum south side setback of 17.5 feet and minimum north side
, setback of 14.5 feet; 2) no portion' of pool deck, landscaping, or future fencing to
encroach into waterfront sight visibility tri~ngles as defined by Code; and 3) CDS to
approve any future request for a screen enclosure. The motion was duly seconded.
Members Mazur and Hooper voted" Aye"; Members Gildersleeve, Moran, Petersen,
and Chair Figurski voted "Nay." Motion failed.
Item #C2 - 601 N. Belcher Road: Luverne M. Loken. TRE/ United Bank & Trust
Company - Owner/Acplicant. Request flexible development approval to reduce
south front setback along Sharkey Road from 25 feet to 5 feet, reduce west front
setback along Belcher Road from 25 feet to 15 feet, reduce north front setback
" along NE Coachman Road from 25 feet to 15 feet, permit parking 'within
Institutional District, and increase area of a retail sales and service use from 10%
(1,433 square feet) to 18 % (2,500 square feetl in the Office District,' as part of a
Comprehensivelnfill Redevelopment Project at 'Sec. 07-29~16, M&B 32.031.
, Fl 01-01-04
, Planner Mark T. Parry reviewed the request. The 1.358-acre site, on the
southe8:st corner of N. Belch~r and NE Coachman, fronts N. Belcher, NE Coachman,
and Sharkey roads. The vacant site, with access to NE Coachman and Sharkey
roads, has' side setbacks on its northeast and east property lines. The site is in a
commercial area, m~ar shopping centers, offices, a social/community center, and a
, middle school. Single-family dwellings are farther'to the east, south and north.
The project includes a two-story building with 2,500 square-feet of space for'
retail sales/bank and 11 ,830 square~feet of office space. The Code defines banks
as a service. The bank, on the building's northeast corner, will have three drive-
though Janes. ' Code limits retail sales and service uses within the Office District to
no more than 10% of the principal structure's GFA (gross floor area). The principal
structure must be used for office purposes. The applicant requests to increase the
amount' of retail sales and service space from 10%, 1,433 square-feet, to 18%,
2,500 square-feet. The typical bank branch has 2,500 square-feet. The applicant
is aware that no additional retail sales and service uses are permitted without
submitting a request to the COB.
The applicant also requests to reduce three front setbacks and one side
setback for parking and drive aisles. The building will be set back at least 67 feet
from all property lines. ' The only setback request requiring Level Two, Flexible
Development approval is to reduce the setback along Sharkey Road from 25 feet to.
5 f,eet. Sharkey Road has a 66-foot right-of-way, approxima~ely 24 feet of
pavement, and terminates about 500 feet east of Belcher Road. Parking spaces will
be 5 foet from that property line and approximately 40 feet from the edge of the
pavement. The vacant lot across Sharkey Road is zoned Office District. The
, Masonic Temple lot, farther south, is zoned Institutional District.
mcd030 1
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The building will feature green.tinted glass, brick panel Insets, and a flat roof.
Staff recommends the roof be sloped or mansard to enhance architectural detail and
interest. The project will improve access points from NE Coachman and Sharkey roads.
All property lines will be heavily buffered with landscaping and a tiered effect along all
street frontages, which will exceed Code. All proposed signage will meet Code.
, The applicant requests to reduce from 25 feet the south front setback to 5 feet,
the west front setback to 1 5 feet, and the north front setback to 1 5 feet, and reduce
the northeast side setback from 20 feet to 10 feet. The applicant also requests to
Increase retail sales and service space from 10% to 18% of the building's GFA.
The ORC reviewed the application and supporting materials on February 15,
2001. Staff recommends approval with two conditions.
Concern was expressed proposed grading be' adequate. It was stated the board
rarely is involved with architectural issues, such as staff's recommendation regarding.
the structure's roof. Mr. Parry said many area buildings are old and dated. The
decorative roof tre'atment will help establish a new standard. In respect to
, comprehensive infill project, Ms. TCirapa'ni said Code authorizes staff to review
elevations and determine what is best for the community,
Dixie Walker, representative, said he has had 40 years experience as an
architect and disagrees with staff's recommendation. He felt that decision should be up
to the client and architect. He said the building's odd shape, necessitated by the lot's
'shape, will not lend itself to a hip or gabled roof. He said grading and drainage will be
engineered properly, Only one tenant has been identified.
, In response to a question, Ms. Tarapani said the project does not meet standards
related to parking setbacks. As a balance, staff considers ways to offset the site's
conflicts with Code. Staff is open to suggestions regarding architectural detail to add
Interest to the bui!ding's appearance. Ms. Dougall-Sides said Code states the form and
function of design projects should enhance surrounding areas. Mr. Parry said the
recommendation considers the site's unique location transitioning between residential
and commercial uses.
Carolyn Bateman, of David Evans and Associates said the project will grade,
curb, and pave Sharkey Street, providing a,great benefit to the City.
Member Gildersleeve moved to approve flexible development to reduce south
front setback along Sharkey Road from 25 feet to 5 feet, reduce west front setback
along Belcher Road from 25 'feet to 15 feet, reduce north front setback along NE
Coachman Road from 25 feet to 15 feet, permit parking within Institutional District, and
increase area of a retail sales and service use from 10% (1,433 square feetl to 18 %
(2,500 square feet) in the Office District, as part of a ,Comprehensive Infill
Redevelopment Project at Sec. 07-29-16, M&B 32.03" with conditions: 11 building
architecture. be revised to include a sloped roof or similar 'architectural features and 2)
all signage to. meet Code. The motion was duly'seconded.
mcd0301
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03/20/01
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, ,In respon~e ~o a question, Ms. Tarapani said the applicant and staff will meet
and agree on a design for the roof. Concern was expressed the condition related to
the roof is arbitrary and capricious as the City has no architect on staff. It was
recommended staff provide leeway to the architect. It was noted only nearby ,
houses have pitched roofs. '
. Upon the vote being taken, Members Gildersleeve, Moran, Petersen, and
Chair Figurski voted "Aye"; Members Mazur and Hooper voted "Nay." Motion
carried.
The meeting recessed from :3:09 to 3:20 p.m.
Item #C3 - 1100 S. Missouri Avenue: The Clearwater Group, Ltd. - Owner~
Applicant. Request amendment to previously approved Certified Site Plan (Sunshine
Mall) to authorize a change of use for undeveloped parcels from commercial to'
multi-family, totaling 155 units and 15;602 square-feet of existing commercial use
'at Sec. 15-29-15, M&B 34.01 a,nd Sec. 22-29-15, M&Bs 21.12 & 21.13.
FL 01-01-05
Member Mazur announced a conflict of interest and left the dais for this
item.
Mr. Parry reviewed the request. The 7 .155-acre site, on the southwest
corner of Druid Road and S. Missouri Avenue, is comprised of seven parcels: 1, 2,
, 3, 4, 4A, 5 and SA, which are part of a larger development, Renaissance Square,
formally Sunshine Mall, approved as part of a certified site plan on March "12, 1998.
Parcels, 6, 7 and 8, have been developed with attached dwellings. Parcels 7 and 8,
which extend east to Missouri Avenue, separate Parcels 4A and 5. Parcel 6 also
extends east to MJssouri Avenue and separates Parcels 3 and 4. '
, The certified site plan specified permitted uses for each parcel. The subject
parcels were permitted for non-residential uses, including retail sales and service,
restaurant, and office. The Stadium, a one-story, 5,602 square-foot restaurant on
'Parcel 1, will remain unchanged. VisionWorks, a one-story, 10,000 square-foot
retail sales and service establishment occupies Parcels 5A and 2. The applicant
plans to raze this structure and replace it with buildings, which total no more than
1 0,000 square~feet.
Parcels 5A and 2, a corner lot, feature front setbacks on Druid Road and
South Missouri Avenue. Parking lots and associated asphalt nearly reach all
property lines., The site is in a desirable commercial and residential area on the
outskirts ot'downtown. Sunshine Mall was demolished on this site in 1999.
Parcels 6, 7, and 8,'nlore than half the site, were developed with three apartment
complexes with 17, three-story buildings and approximately 650 dwelling units.
mcd030 1
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, The applicant seeks to amend the approved certified site plan by' expanding
permitted uses for Parcels 3, 4, 4A, ,and 5 to include attached dwellings. The
applicant proposes to construct 156 attached dwellings In two, four-story buildings
on Parcels 4, 4A; and 5. in the center of the overall site.' On Parcels 4 and 4A, the
proposed building will feature 131,542 square-feet of GFA (gross floor area) and
108 dwelling units. On Parcel 5, the proposed building will feature 52,236 square-
feet of GFA and 48 dwelling units. A 2,500 square foot, 35-foot tall clubhouse will
be constructed on Parcel 3. As planned, the buildings will be constructed to Code
setbacks and meet standards in the certified site plan to include 32.25-foot front
and 10-foot side and rear setbacks. Code regulations in force when the certified
site plan was approved did not define parking or other types of pavement as
structures. Setbacks to parking/pavement uses are dictated by landscape buffer
requirements of 1 5 feet along major arterials, 10 feet along local streets, and 5 feet
along side and rear property lines. The proposal meets all setbacks and landscape
buffers"required by the certified site plan. . '
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The applicant proposes relatively low intensity development on Parcels 1, 2,
and 5A and requests that the unused development 'potential for these commercial
parcels.. be added to the total number of residential parcels. To compute density for
this mixed-use application, the development potential of the 3.885-acre Parcels 1,
2, and 5A was calculated. Staff then determined 0.65-acre of land area is
necessary to support 15,002 square-feet of existing buildings. That figure was
subtracted from the total acreage, leaving 3.235 acres of available density. In
Commercial General Classification, the maximum permitted density is 24 dwelling
units per acre, resulting in a remaining development potential of 77.64 dwelling .
units for Parcels 1, 2 and 5A. The 3.27-acre, Parcels 3, 4, 4A, and 5, have a
development potential of 78.48 units. Staff has determined the site's total
residential development potential is 156 units.
Future' development and/or redevelopment for Parcel 1 and Parcels 2 and 5A
will be limited to the existing square footage of 5,602 square-feet and 10,000
square-feet of GFA. Requirements of the approved certified site plan will dictate
site restraints including setba,cks, imperviou,~ surface ratio 'and parking.
The development will feature a style similar to apartments on Parcels 6
through 8. Tho proposal also includes extensive landscaping along South Missouri
. Avenue and will match existing landscaping on part of Parcels 6 thro,:!gh 8. Interior
landscaping will exceed, Code. All proposed signage will meet Code.
The DRC reviewed the application and supporting materials on December 14,
2000. Staff recommends approval' with three conditions.
In response to a question, Mr. Parry said this request will use up all of the
. site's density. Ms. Tarapani said the commercial uses could change. A gasoline
station could replace Visionworks.
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Ed Armstrong, 'representative, introduced the project' s engineer, Richard
Harris. In response to a question,' Mr. Armstrong s'aid one of the three builders who
had constructed the existing apartment buildings will also construct this project. He
said more than two buildings may, replace Visionworks, although the total square
feet will not exceed 10,000 square-feet. He said parking constraints limit the
project's density to 153 units. Staff did not object to the lower number.
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Member Petersen moved to approve the amendment to the previously
approved Certified Site Plan (Sunshine Mall) to authorize a change of use for
undeveloped parcels from commercial to multi-family, totaling 156 units and
15,602 square-feet of existing commercial use at Sec. 15-29-15, M&B 34.01 and
Sec. 22-29-15, M&B's 21.12 & 21.13 with conditions: 1) final design of buildings
to be consistent with conceptual elevations submitted, or as modified by the CDB;
2) site density be limited to 156 dwellings units and 15,602 square feet of non-
residential uses or be based upon the conversion rate as outlined in the staff report;
and 3) allsignage comply with Code. The motion was duly seconded. Members
Gildersleeve, Moran, Petersen, and Hooper and Chair Figurski voted "Aye"; Member
, Mazur abstained. Motion, carried.
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Item #C4 '- 2394 Gulf-to-Bav Boulevard: Davton Andrews. Inc. - Owner/Applicant.
Request Flexible Development approval to permit vehicle sales/display in the
Commercial District: 1) reduce lot area from 40,000 square-feet to' 32,929 square"':
, 'feet; 2) reduce lot width from 200 feet to ,100 feet; 3) permit vehicle display within
front setbacks along Gulf-to-Bay Boulevard & Fernwood Avenue; 4) permit vehicle
sales/display on lot contiguous to property designated as residential in zoning atlas;
, 5) permit vehicle sales/display on lot with less than ,7 ,000 square~feet of enclosed
building; 6) permit vehicle sales/display outside an enclosed building; 7J reduce
required parking spaces from 77 spaces to 5 spaces; 71 permit reduction in
landscape buffer from 15 feet to 7.5 feet on Gulf-to-Bay Boulevard; and 8) permit a
reduction in landscape butter from 15 feet to zero feet on Fernwood Avenue as part
of a Comprehensive Infill Redevelopment Project at Sec. 18-29-16, M&B 24.07.
FL 01-01~03
Mr. Parry reviewed the request. The O. 71-acre slte, on the northeast corner
of Fernwood Avenue and Gulf-to-Bay Boulevard" features a single-story, 4,347'
square-foot masoni"y~block structure, built in 1964. An onsite nightclub closed
officially closed when its occupational license expired on August 19, 1999. Two
retail sales and service establishments closed June 7, 2000. The building is 100
feet from the north, 3 feet from the east, 39 feet from the south, and 40 feet from
the west property lines. The property, with 41 striped parking spaces, has
undergone some, deterioration and has no landscaping. Vehicles ,for sale, placed in
the setbacks, create inefficient vehicle circulation. The vehicle display area extends .
into the 'Fernwood Avenue and Gulf-to-Bay Boulevard rights-at-way. A dumpster is
within the site's northwest right-of-way.
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Tho applicant seeks approval of a vehicle sales and display facility on the
subject site to which, in 1999, the applicant had expanded the Dayton Andrews
business, without submitting a site plan application for a change of use. The site
has a current Code violation. COD1999-03456, for Illegal vehicle sales and display.
Staff and the applicant have met numerous times, trying to resolve the violations.
This application is. a result of those discussions. If the request is approved, staff
recommends the entire Dayton Andrews establishment, 2388 and 2394 Gulf-to-Bay
Boulevard, comply with Code.
The site. in a highly developed commerclE! area, abuts single~ and multi-
family dwellings to the north. The applicant also owns the property across
Fernwood, the Dayton Andrews facility, a legally operating vehicle sales and display,
business. ,The' applicant intends to operate the subject site in conjunction with the
main site even though the lots are legally separate. The application proposes no
substantive improvements for the main. 3.83-acre site. Code requires the
replacement of dead or dying plant material as basic landscape maintenance.
The site has two curb cuts on Gulf-ta-Bay Boulevard and two on Fernwood.
Display vehicles block all curb cuts. except for the northernmost one on Fernwood.
A driveway, connects the site with Sweetwater's Restaurant to the east'. No
binding agreement related to this joint access exists.
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The project will apply a stucco finish and repaint the building's exterior to
_n complement the business' main building. Proposed landscape buffers are 5.5-feet
,i,~' within the right.of-way along Fernwood. 6-feet along the north side property lins, 5-
feet along the east side property line and 7-feet along Gulf-to-Bay Boulevard. Code
requires a 15-foot landscape buffer along Gulf-to-Bay Boulevard and a 10-foot
buffer along Fernwood. Developments that lack sufficient landscaping typically
provide additional plantings along road frontages. Applications for infill projects and
Comprehensive Landscape Programs often upgrade landscaping to mitigate other
site deficiencies. Proposed shrub materials will not reach 36~inches within 12
months of the issuance of a certificate of occupancy as required by Code.
Although not proposed, shade trees also must be planted every 30 feet within all
required landscape buffers. The application does not mitigate deficiencies
associated with the project. Buffers proposed along the eas~ property line will not
prevent cross access with the site to the east. Should this application be approved,
staff recommends the applicant either file and record a cross access agreement
with Pinellas County to maintain permanent legal access to the connection, or
provide a buffer, extending the full length of the east prop~rty line. ,
The applicant also proposes to eliminate access to Gulf-to-Bay Boulevard
while maintaining 2 access points along Fernwood. The project does not propose
, to, remove the concrete apron from curb cuts along Gulf-to-Bay Boulevard. which
will be aesthetically unpleasant and may cause dangerous turning conflicts. The
project proposes 5 parking spaces. including one ADA, (American with Disabllities
Act) space, where 77 spaces are required.
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. While Code permits one 1 0 square~f06t freestanding sign on the. site, the
application does not propose to modify the site's existing 48 square~foot, 20-fo'ot
high freestanding sign. The project also includes a 20 square-foot attached sign on
,the building's south far;ade where 10 square-feet is allowed.
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Proposed hours of operation arc 9:00 a.m. to 9:00 p.m., Monday through
Friday, and 9:00 a.m. to 6:00 p.m. on weekends. The applicant anticipates no
more than three employees will be on site at any time. The applicant plans to
display approximately 35 vehicles.
. '<.
. The ORC reviewed the application and supporting materials on February 15,
2001. ,The proposal does not comply with the standards and criteria for Flexible
Development approval. Staff recommends denial: 1) proposed landscaping does not
meet intent of Code and Gulf~to-Bay Boulevard redevelopment efforts; 2) internal
circulation is too difficult; 3) minimal building improvements do not meet intent of '
Code and Gulf~to-Bay Boulevard redevelopment efforts; 4) existing and proposed
signage does not meet Code; 5) closing, but not removing, two curb cuts on Gulf-
to-Bay Bouleva'rd endangers drivers; 6) propo~ed parking is inadequate; and 7)
buffering between site and abutting residential uses to the north is inadequate.
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\ In response to a question, Mr. Parry said Code might be wrong 111 requiring
77 parking spaces for this project. . The project meets none of the general
, applicability criteria required for approval. Typos in the staff report were reviewed.
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Tim Johnson, representative, said the applicant owns the property and'
wishes to use it for vehicle sales and display as an addition to the car dealership to
the west. No vehicle repair will occur on the subject property., He said the 37 year-
old business needs to expand as it has now sells an additional line of vehicles: He
said when Mr. Andrews originally considered purchasing the subject property, he
had been advised the proposed use met Code. Since that time, he purchased the
property and a ,new Code was adopted. If the setbacks are respected, available
space to display vehicles would be inadequate.
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He said several improvements are planned including refurbishing the building
and installing a .7~foot rear landscape buffer where only asphalt now exists. He said
the site plan erroneously had omitted planned shade trees, which the applicant
plans to install. The depth of landscaping will be doubled, with all bushes and
shade trees planted within 12 months. Two driveway entrances on Gulf.:.towBay
, Boulevard will be closed. Based onstaft's interpretation of the Code, Mr. Johnson
said the applica'nt is willing to provide 11 parking spaces. He said the'applicant also
plans t<;J enter into a cross.easement agreement with Sweetwater's Restaurant to
the east. Also, the dumpsters will be enclosed. He said the applicant proposes to
spend more than $158,000 on improvements to the two properties. He reviewed'
the general and infill standards, arguing the criteria are met. He said the pr('lject will
improve the neighborhood as the property is part of a strip of Gulf~to.Bay Boulevard
auto dealerships. A letter from Sweetwater's was submitted in support of 'the.
proposal. He said strict compliance is unreasonable for this lot.
mcd030 1
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. Dayton Andrews, applicant, said his business has hired an arborist to care
for Its oak trees. He said while a previous business on the subject property had
installed vehicle stereo systems outdoors, the proposed use will have only a few
salespersons who will use the building for office s'pace. He said the business wants
to be a good neighbor and has no history of conflict. In response to a question
regarding the' subject property, Mr. Andrews assured the board no more than three
salespersons would be on site at one time. Mr. Johnson said the extra space will
be used to store company records. In response to a question, he said all signage is
in compliance.
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Discussion ensued regarding parking requirements. Ms. Dougall-Sides said
that issue will be clarified with an Ordinance amendment. Ms. Tarapani said the
two sites are not connected. Concern was expressed staff has' not had time to
review plan changes presented today. Ms. Tarapani agreed, noting the plan does
not address internal landscapi'ng requirements.
Ms. Fierce reported staff-also had received a letter from a nearby residence
in opposition to the proposal.
Member G!ldersleeve moved to continue Item #C4 to April 17, 2001. The
motion was duly seconded and carried unanimously.
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Item #e5 - 1919 Edaewater Drive: Bav View Hotel. Inc./Fred &,Vivian Whalen -
Owner/Applicant. Request Flexible Development approval to permit direct,access
onto Edgewater Drive, an ar.terial road, a reduction in the front setback along
, Edgewater Drive from 15 feet to 10 feet, and a reduction in the north and east side
setbacks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment
Project with Comprehensive Landscape Program at Sunset Point and Replat, Lot 2 &
3 less Rd & Blk A" part of Lot 5. FL 00-12-63
Member Mazur reported he had a conflict of interest and left the dais for
Items #C5 and #01.
Mr. Givens reviewed the request. The 1.523-acre site, north of downtown,
is on the east side of Edgewater Drive (Alt. US 191, across from Clearwater Harbor.
The L-shaped 19t fronts Edgewater Drive and Sunset Point Road and wraps around a
corner gasoline station. Internal vehicular circulation is not now possible. The
property has views 'of Clearwater Harbor and Stevenson's Creek and direct access
to Edgewater Drive and Sunset Point Road.
y
The property recently was consolidated to form one parcel. The Edgewater
Drive Motel has parking, 18 hotel rooms, a swimming pool, office, and two access
points to Edgewater Drive. The site, almost entirely paved, resembles many Florida
motels built in the 19505. Also, a duplex and small apartment building front Sunset
Point Road. The duplex,. approximately 21 feet from the front property line, is in a
state 'of decline and has little landscaping. The five-unit apartment building appears
to,be well-maintained. Parking to the site's rear serves the apartment building.
mcd030 1
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Ln"dscnping. although lacking 0 theme, ties the buildings together, A single-story
gmngo und workshop, to tho rear of the apartment building, is in fair condition.
Two oak trees arc on the back of the site. One tree's diameter is greater
than 52 inches, while the other IS greater than 32 inches. The City's Land
Resource Specialist has rated the larger oak as a specimen tree. ' Code prohibits
issuing a tree removal permit for specimens. The property also includes a 0.135-
acre vacant portion across Sunset Point Road; adjacent to Stevenson's Creek, with
a dock and boat ramp.
Overall, no architectural relationship exists between current buildings.
Considering the condition of the buildings and the site's location near popular water
bodies, 'staff fe~ls this parcel is appropriate for redevelopment.
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The area features a mix of land uses, including small hotels, attached
dwellings, and single-family houses. The waterfront 'neighborhood has single-story
and low-rise development. The intersection of Edgewater Drive and Sunset Point
Road has a small convenience store/gasoline station. The Bay 'Queen Motel, to the
north; is in good condi~ion and similar to Florida motels built in the 19505. A 40-,
unit, ,tliree-story hotel, recently approved as a Flexible Standard application, is under
'construction one block north. Several single-story homes northe~st of the site do
'n6t abut the subject property.
mcd0301
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Most duplexes and apartment cottages, fronting Sunset Point Road to the
east, are in fair condition, although landscaping is not necessarily maintained. 'This
portion of Sunset Point Road has no sidewalks, although they are needed for safe
pedestrian access to Edgewater Drive and a linear City parI< fronting Clearwater
Harbor.
Most shallow parcels on Stevenson's Creek are vacant and contain
significant native plant material. A small apartment building is on the southeast
corner of Edgewater Drive and Sunset Point Road.
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The subject pro'perty features two zoning districts and future land use
classifications. The westernmost O.793-aore is zoned T, Tourist District, with an
underlying future land use classification of RFH, Resort Facilities High. This zoning
and land use will support attached dwellings and some nonresidential uses. The
easternmost 0.73-acre is zoned MDR, Medium Density Residential District, with an
underlying future land use classification of RM, Residential Medium. If an
application to rezone this portion of land is approved, the parcel could be
,'redeveloped with residential and nonresidential uses or a combination thereof. The
parcel's highest devel,opment potential of 31, attached dwelling units could be
achieved without rezoning or a future land use amendment.
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, The project will replace all existing structures with a 60~unit, three-story
hotel with entrances on Edgewater Drive and Sunset Point Road. The main
entr~nce will be under the northeast section of the building, adjacent to the vehicle
loading area. The hotel, designed to be compatible with the neighborhood, will be
no more than 32 feet high to the main roof structure. While Code allows a
maximum height of 50 feet, additional height would be out of character with the
area. Per flood zone requirements, no habitable rooms are permitted on the ground
floor. An office use and covered parking spaces will be on the first floor. The two
upper stories will have hotel rooms accessible from an interior corridor. Each unit
will have a private balcony.
The building's' architecture will be modern Caribbean~style with paned
windows, porches, and a metal pitched~rocif. While the applicant proposes multiple
colors on each elevation, staff recommends one primary, earth tone color and a
limited number of accent shades. Some architectural elements are found in nearby
older homes. '
The building will have an L~shaped footprint. A shallow detention area is
planned near Sunset Point Road. A certified arborist, who specializes in tree
transplan~s, 'will oversee relocation of the 52-inch specimen oak tree' to the
detention, area, which will resemble a landscaped courtyard and serve as a buffer
, from 'the' gasoline station. Several ho~el rooms will be oriented towards this
amenity .
Landscaping will buffer parking along the ea'st and l10rth property lines from
, adjacent roadways. A pool with gazebo will front Edgewater Drive. Sidewalks will
connect with public sidewalks along Edgewater Drive and accommodate future
sidewalks along Sunset Point Road. Code requires installation of public sidewalks in
adjacent rights~of-way. A payment~in~lieu' program for sidewalks is available but
staff recommends all sidewalks be installed at the time of construction to meet
potential pedestrian a,ctivity.
The portion of land adjacent to Stevenson's Creek will remai~ vacant.
Proposed landscape improvements will accent existing vegetation. This area is
expected to provide hotel patrons with passive enjoyment of the environment. This
land also will be a visual amenity for adjacent property owners. Hotel ownerswill
, maintain this area regularly. The project' 5 landscape plan exceeds the intent of
Code;
On January 25, 2001, the applicant ho'sted a neighborhood meeting at the
Municipaf Services Building to discuss the proposal with nearby residents. Staff
, also attended the meeting.' Residents in attendance did not openly oppose the
proposat
mcd030 1
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The applicant requests vohlcular access to Edgewater Drive, an arterial
street, reduction of the front setback along Edgewater Drive from 1 5 feet to 10
teet, and reduction of the north and east side setbacks from 10 feet to 5 feet, as
part of a Comprehensive Infill Redevelopment Project with a Comprehensive
'Landscape Program. Other proposal elements do not require COB approval.
The City's Comprehensive Plan identifies Edgewater Drive as a principal
arterial. The Tourist District does not permit direct access onto an arterial street for
overnight accommodations. This parcel, however, is not on a corner and fronts
Edgewater Drive and Sunset Point Road. The gasoline station will block motorists'
views of the hotel. Both the applicant and staff are concerned prohibiting access
from Edgewater Drive will result in motorist confusion. Also, access to Edgewater
Drive will allow the parking layout to function mor~ efficiently. '
Pinellas County has determined Edgewater Drive operates at a LOS (Level of
Servico) F. The applicant's submitted traffic study identifies 19,887 daily trips on
Edgewater Drive and indicates the Edgewater Drive/Sunset Point Road intersection
operates at a peak LOS C. It is expected the project will generate 547 daily trips,
resulting in a 2% increase in traffic. The number of increased trips in this heavy
traffic area will be relatively minor. The City's Traffic Operations Engineer agrees
, additional trip generation is minimal.
The reduction of a front setback from 15 feet to 10 feet, requested'to locate
the gazebo adjacent to the swimming pool, will affect only a small area in front of
the gazebo. The majority of the frontage will conform to Code. Increased
landscaping further justifies the setback reduction.
The applicant also requests reducing the north and east side setbacks from
10 feet to 5 feet to locate all parking along the north and east property lines. To
maintain maximum space between hotel rooms and the gasoline station, the
applicants prefer not to locate the building any farther west. To hide parking from
adjacent roadways and to allow'more building separation between the hotel and
residences, they also do not want to locate the building farther to the east. Dense
landscaping and a six-foot wood fence will adequately buffer adjacent properties.
The ORe reviewed the application and supporting materials on January 18,
2001. Staff recommends approval with seven conditions.
In 'response to a question, Ms. Tarapani said the impact fees are significant.
Staff wanted to be certain the applicant is aware of the fee, which are payable at
permitting.
, Ed Armstrong, representative, said the applicant accepts the proposed
conditions. It was noted a nearby project was more controversial as it abuts
residential property. In response to a question, M'r. Givens said approximately 15
residents had, attended the related meeting.
mcd0301
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03/20/01
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Member Gildersleeve moved to approve flexible development to permit direct
access onto Edgewater Drive, an arterial road, a reduction in the front setback along
Edgewater Drive from 1 5 feet to 10 feet, and a reduction in the north and east side
setba'cks from 10 feet to 5 feet, as part of a Comprehensive Infill Redevelopment
Project with Comprehensive Landscape Program at Sunset Point and Replat, Lot 2 &
3 less Rd '&.Blk A, pdrt of Lot 5 with conditions: l' site plan & hotel use to be
contingent on Future Land Use map amendment from RM, Residential Medium
classification to RFH, Resort Facilities High classification (LUZ 01-12-02); 2) site
plan & hotel use to be contingent on rezoning the O.923~acre portion of the site
from MDR, Medium Density Residential to T, Tourist District (LUZ 01-12-02'; 3)
should 52-inch oak tree die as a result of its relocation, replacement t~ees, totaling
52 inches, to be planted to staff satisfaction or a combination of replacement trees
and payment in lieu to be provided; 4) property owner to regularly maintain 0.135-'
acre passive recreation parcel along Stevensont s Creek; 5) building elevations to be
amended to include one primary earth tone color & a limited number of accent
shades, to satisfaction of staff; 6) all Recreation Facility fees. to be paid for
additional units/rooms prior to issuance of a building permit for the hotel; and 7) a
, five-foot sidewalk to be provided along Edgewater Drive and Sunset Point Road
prior to Certificate of Occupancy. The motion was duly seconded. Members
Gildersleeve, Moran, Petersen, and Hooper and Chair Figurski voted "Aye"; ,Member
. Mazur abstained. Motion carried.
ITEM D - LEVEL THREE APPLICATIONS
Item #01 - 1919 Edaewater Drive/Sunset Point Road: Fred & Vivian Whalen/
Waterfront Inn Sault. Ltd. - Owner/Applicant. Request Land Use Plan amendment
from RM, Residential Medium Classification to RFH, Resort Facilities High,
Classification; and rezoning from MDR, Medium Density F:lesidential District to T,
Tourist District at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of Lot 5.
lUZ'01-12-02
Senior Planner Etim S. Udoh reviewed the request. The' property is east of
the Edgewater Drive/Sunset Point Road intersection. The applicant requests this
change to redevelop the 0.73 acre-site with a viable motel. Lots 2, 3, and 6 are
zoned T, Tourist district with a Resort Facilities High future land use plan
classification. That site's Edgewater Drive Motel will be razed. The sitets eastern
portion, now developed with duplexest is zoned MORt Medium Density Residential
with a Residential Medium future land use plan classification. The applicant, which
has combined two parcels, requests to rezone the eastern parcel to T, Tourist
district with a Resort Facilities High future land use plan classification.
The PPC (Pinellas Planning Council) will review the land use plan amendment
as a regular amendment. Staff recommends approval with two conditions.
, mcd0301.,
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. '03/20/01
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Member Petersen moved to recommend approval of a Land Use Plan
amendment from RM, Residential Medium Classification to RFH, Resort FaciHties
High Classification; and rezoning from MDR, Medium Density Residential District to
T,Tourist District at Sunset Point and Replat, Lot 2 & 3 less Rd & Blk A, part of lot
5 with conditions: 1) Amend Future land Use Plan designation of Lots 6 and 7 and
portion of Lot 8, Sunset Point Subdivision from Residential Med'ium (RM) to Resort
'Facilities High lRFH) and 2) amend the zoning district designatIon of Lots 6 & 7 and
portion of Lot 8, Sunset Point Subdivision from Medium Density Residential (MDR)
zoning district to Tourist (T). The motion was duly seconded. Members
Gildersleeve, Moran, Petersen, and Hooper and Chair Figurski voted "Aye"; Member
Mazur abstained.' Motion carried.
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Item #02 - 117 N. McMullen-Booth Road: Robert S. Grossman - Owner/Applicant.
Request annexation of 0.67 acre to the City of Clearwater at lots 1 and 2, Crystal,'
He!ghts Subdivision, in Section 16, Township 29 South, Range 16 East.
ANX 01-01-04
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Mr: Udoh reviewed the request. The 0.67-acre site, on the southeast corner
of Drew Street a,!d McMullen-Booth Road, consists of two lots. The' property
owner requests annexation to receive City sewer service when the property is
redeveloped, ,under the City's Office zoning district. Lot 1 is developed, with a
duplex. and single-family-residence. lot 2 is vacant. A companion application
requests changes to the Future Land Use Plan category and Zoning District. The
site plan will be addressed during the development review process.
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03/20/01
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Member Gildersleeve moved to recommend approval of the annexation of
0.67 acre to the City of, Clearwater at lots 1 ~nd 2, Crystal Heights Subdivision, in
Section 16, Township 29 South, Range 16 East. The motion was duly seconded
, and carried unanimously.
Item #03 - 117 N. McMullen.Booth Road: Robert S. Grossman - Owner/Applicant.
Request land Use Plan amendment from RU, residential Urban to R/Ol,
, Residential/Office Limited Classification and rezoning from R-3, Residential, Single
Family District (County) to 0, Office District of 0.67 acre at Lots 1 and 2, Crystal
Heights Subdivision, in Section 16, Township 29 South, Range 16 East.
LUZ 01-01-03
Mr. Udoh pres'ented the request. The property owner wishes to redevelop
these two parcels, totaling 0.67 acre, with an office use. The site is on the
southeast corner of the busy intersection of McMullen-Booth Road and Drew Street.
It is difficult to retain the residential use due to heavy traffic. Issues related to the,
site design will be addressed during the development review phase and may require
CDS approval.
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, Member Gildersleeve moved to recommend approval of a land Use Plan
amendment to R/Ol, Residential/Office Limited Classlfic'ation and rezoning to 0,
Office District of 0.67 acre at Lots 1 and 2, Crystal Heights Subdivision, in Section
16, Township' 29 South, Range 16 East. The motion was duly seconded and
carried unanimously.
Item #D4 - 1751 Cardinal Drive: Aldo Yoannan - Owner/AoDUcant. Request
annexation of 0.1 9 acre to the City of Clearwater and a Land Use Plan amendment
to RL, Residential Low Classification, and rezoning to LMDR, Low Medium Density
Residential District at North 72 feet of Lot 69 and the South 3 feet of Lot 68 of
Pinellas Terrace in Section 05, Township',29 :outh, Range 16 East. ANX 01-01-04
, Mr. Udoh presented the request. The D.19-acre site, on the east side of
,Cardinal Drive, is north of SR 590. The property owner has requested annexation
to receive City sewer service. The'site features a single-family residence.
mcd0301
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03/20/01
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Member Gildersleeve moved to recommend the annexation of 0.19 acre to
the City of Clearwater and a Land Use Plan amendment to RL, Residential Low
Classification, and rezoning to LMDR, Low Medium Density Residential District at
North 72 feet of Lot 69 and the South 3 feet of Lot 68 of Pinellas Terrace in
Section05', Township 29 South, Range 16 East. The motion was duly seconded
and carried unanimously.
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Item #05 - 2301 Campbell Road: Paul A. YounQ. Carolyn L. YounQ & Judith N.
Coachman/City of Clearwater - Owner/ApDlicant.' Request annexation of 3.65
acres to the City of Clearwater arid a Land Use Plan amendment to RE, Residential'
Estate C!assification, and rezoning to LOR, Low Density Residential District at M&Bs
, 34/01 and 34/011 'in Section 6, Township 29 South, Range 16 East.
ANX 00-09~16
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Item continued. See Item A.
Item #06 - 1273. 1277. 1281. 1285. 1295 Bertland Way & 1950 Bettv lane:
Charles E. Johnson '"/Citv of Clearwater - Owner/Applicant. Request annexation
of 0.86 acre to the City of Clearwater and land Use Plan amendment to RU"
Residential Urban Classification, and rezoning to LMDR, Low Medium Density'
Residential District at. Lots 26, 27, 28, 29, 31, and 32, Floradel Subdivision.
together: with adjoining right-of-way of Betty Lane. ANX 00-12-21
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Mr. Udoh presented the request. The 0.86.acre site, on the south side of
Bertland Way, is north of Sunset Point Road. On August 22, 1983, the properties'
previous owner entered into an ATA (Agreement to Annex) with the City to connect
to City water. At that time, the properties were outside the City's municipal
boundaries and did not meet the adjacency requirements for voluntary annexation.
That agreement, binding upon the previous owners, their successors, assigns, or
any subsequent owner of this property, consfmts to annex into the City when
possible. As required, the City sent written notice to the owner on October 16,
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2000, stating its intent to annex this property. That notice expired on December
14, 2000.
The City is initiating this annexation request to comply with the AT A. The
subject properties now are contiguous with City boundaries. The City has provided
water serv!ce to the subject property since August 22, 1983. The proposal is
consistent with Florida statutes related to voluntary annexation regulations. Staff
recommends the properties have a land use plan designation at Residential Urban
a'nd be zoned Low Medium iJensity Residential (LMDR). Each lot features a duplex.
As the site legally was established tor duplex residential use since September 10,
1983, and the use has not changed, this use is legally non-conforming and may
remain so. No sewer line is available to these properties, which are on septic tanks.
Items #05-13 were discussed together and approved by one vote. Mrs.
Bloodworth opposed the annexation 'of her property. Staff indicated her property
. would not be affec'ted by this action.
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The City is initiating this annexation request. The subject property now is
contiguous with City boundaries. The City has provided water service to the
subject pro'perty 'since August 22, 1983. The proposal is consistent with Florida
statutes related to voluntary annexation regulations. Staff recommends the
property have a land use plan designation of Residential Urban and be zoned Low
Medium Density Residential (LMDR). The property features a duplex. As the site
legaliy was established for duplex residen~ial use since September '10, 1983. and
Member Hooper moved to recommend approval at the annexation of 0.86
acre to the City of Clearwater and Land Use Plan amendment to RU, Residential
Urban Classification, and rezoning to lMDR, low Medium Density Residential
District of Lots 26, 27, 28, 29, 31, and 32, Floradel Subdivision, together with
adjoining right-at-way ot Betty Lane. The motion was duly seconded and carried
unanimously.
:,) Item #07 - 1289 Bertland Way: Clvde & Winnie L.Tisdale & /Citv at Clearwater -
Owner/Aoclicant. Request annexation of 0.14 acre to the City of Clearwater and
, Land Use Plan amendment to RU, Residential Urban Classification, and rezoning to
'LMDR, Low Medium Density Residential District at Lot 30, Floradel Subdivision.
ANX 00-12-22
Mr. Udoh presented the request. The 0.14-acre site, on the north side of
State Street, is' north of Sunset Point Road. On August 22, 1983, the property's
previous owner entered into an AT A with the City to connect to City water. At
that time, the property was outside the City's municipal boundaries and did not
meet the adjacency requirements for voluntary annexation. That agreement,
binding upon the previous owners, their successors, assigns, or any subsequent
owner of this property, consents to annex into the City when possible. As required,
the City sent written' notice to the owner on October 16. 2000, stating its intent to
annex this property. That notice expired on December 14, 2000.
mcd0301
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03/20/01
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the use has not changed, this use is legally non-conforming and may remain so. No
sewer line is available to this property, which has a septic tank.
Member Hooper moved to recommend approval of the annexation of 0.14
acre to the City of Clearwater and land Use Plan amendment to RU, Residential
Urban Classification, and rezoning to LMDR, Low Medium Density Residential
District at lot 30, Floradel Subdivision. The motion was duly seconded and carried
unanimously.
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Item #08 - 2057 The M'all: Paul A. Lennox & Brenda K. HarQett/Citv of Clearwater
, - Owner/ Applicant. ,Request annexation of 0.14 acre to the City of Clearwater,
and Land Use Plan amendment to Residential Urban and Preservation Classification,
and rezoning to LMDR, Low Medium Density Residential District at Lot 10, Block H,
,Brooklawn Subdivision, together with adjoining right-of-way. ANX 00-12-23
Mr. Udoh presented the request. The O. l1-acre site, on the east side of The
Mall, is south of Union Street. . On May 30, 1986, the property's previous owner
entered into an ATA with the City,to connect to City water. At that time, the
,property was outside the City's municipal boundaries and did not meet the
adjacency requirements for voluntary annexation. That agreement, binding upon
the previous owners, their successors, assigns, or any subsequent owner of this
property, consentsto annex into the City when possible. As required, the City sent
w'ritten notice to the owner on October 16, 2000, stating its intent to annex this
property. That notice expired on December 14, 2000.
The City is initiating this annexation request. The subject property now is
contiguous with City boundaries. The City has provided water service to the
subject property since December 15, 1986. The proposal is consistent with Florida
statutes related to voluntary annexation regulations. Staff recommends the
property have a land use plan designation of Residential Urban and Preservation and
,be zoned Low Medium Density Residential (LMDR). The property features a single-
family residence. No sewer line is available to this property. The property owners
have a septic tank. On February 6, 2001, the applicant paid the City the $200
Recreation and Open Space impact fee.
Member Hooper moved to recommend approval of the annexation of 0.11
acre to the City of Clearwater, and Land Use Plan amendment to Residential Urban
and Preservation Classification, and rezoning to LMDR, Low Medium Density
Residential District at Lot 10, Block H, Brooklawn Subdivision, together with.
adjoining right-of-way. The motion was duly seconded and carried unanimously.
Item #09 - 2053 The Mall: J. B. Grammatico/Citv of Clearwater - Ownerl
Applicant. Request annexation of 0.11 acre to the City of Clearwater, and Land
Use Plan amendment to Residential Urban & Preservation Classification, and
rezoning to LMDR, Low Medium Density Residential District at Lot 11, Block H,
Brooklawn Subdivision. ANX 00-12-24
mcd030 1
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03/20/01
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Mr. Udoh presented the request. The 0.11-acre site, on the east side of The'
Mall, is south of Union Street. On August 8, 1985, the property's previous owner
entered into an AlA with the City to connect to City water. At that time, the
property was outside the City's municipal boundaries and did not meet the
adjacency r'equirements for voluntary annexation. That agreement, binding upon
the previous owners, their successors, assigns, or any subsequent owner of this
property, consents to annex Into the CIty when possible. The property now is
contiguous to City boundaries. As required, the City sent written notice to the
owner on October 16, 2000, stating its intent to annex this property. That notice
expired on December 14, 2000.
The Cit'y is initiating this annexation request. The subject property now is
contiguous with City boundaries. The City has provided water service to the
subject property since the ATA was signed. The proposal is consistontwith Florida
statutes related to voluntary annexation regulations. Staff recommends the
property have it land use plan designation of Residential Urban and Preservation and
be 20ned Low Medium Density Residential fLMDR). The property features a single-'
family residence. No sewer line is available to this property. The property has a
septic tank. On February 6, 2001, the applicant paid the City the $200 Recreation
and Open Space impact fee.
Member Hooper moved to recommend approval of the annexation of 0.11
acre to the City of Clearwater, and Land Use Plan amendment to RU, Residential
Urban Classification, and rezoning to lMDR, low Medium Density Residential
District at lot 11, Block H, Brooklawn Subdivision. The motion was duly seconded
and carried unanimously.
Item #010 - 2049 The Mall: Geome M. Cecere & Helen M. Bradlev/Citv of
Clearwater - Owner/Applicant. ,Request annexation of 0.11 acre to the City of
Clearwater, and Land Use Plan amendment to Residential Urban & Preservation
Classification, and rezoning to LMDR, low Medium Density Residential District at
Lot 12, Block H, Brooklawn Subdivision., ANX 00-12-25
Mr. Udah presented the request. The O.11-acre site, on the east side of The
Mall, is south of Union Street. On April 9, 1984, the property's previous owner
entered into an AT A with the City to connect to City water. At that time, the '
property was outside the City's municipal boundaries and did not meet the
adjacency requirements for voluntary annexation. That agreement, binding upon
the previous owners, their successors, assigns, or any subsequent owner of this
property, consents to annex into the City when possible. As required, the City sent
written notic'e to the owner on October 16, 2000, stating its intent to annex this
property. That notice expired on December 14, 2000.
The City is initiating this annexation request. The subject property now is
, contiguous with City boundaries. The City has been providing water service to the
property since April 6, 1987. The proposal is consistent with Florida statutes
related to voluntary annexation regulations. Staff recommends the property have a
land use plan designation' of Residential Urban and Preservation and be zoned Low
mcd030 1
22
03/20/01
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Medium Density Residential (LMDR). The property features a single-family
residence. No sewer line is available to this property. The property owners have a
septic tank. The AT A requires the property owner to pay the City a $ 200
Recreation and Open Space impact fee by April 3, 2001. The City adopted the fee
on July 7, 1983. '
George M. Cecere, owner, expressed concern regarding the proposed '
annexation and rezoning. He stated the County had assessed all property owners
on the street to cover costs related to paving the road. He expressed concern
residents aren't assessed further to pay for future repairs to the road. Ms. Tarapani
will check on the road's status before the City Commission considers the COB's
recommendations.' She said properties on septic tanks will not be charged for
sewer. She said only residents outside the 'City are charged a 25 % surcharge for
water. Mr. Cecere said the resulting City border will be ragged as not all property
owners' had signed AT As. It was not clear why all properties did not participate. In
response to a question, Ms. Tarapani said copies of the ATAs are recorded at the
court house. Not every title company may have noted it, however.
Member Hooper moved to recommend approval of the annexation of 0.11
acre to the City of Clearwater, and land Use Plan amendment to Residential Urban
& Preservation Classification, and rezoning to LMDR, Low Medium Density
Residential District at Lot 12, Block H, Brooklawn Subdivision. The motia'" was
dUly seconded and carried unanimously.
,~...,..) Item #011 - 2067 The Mall: Cimmarie L. Cracker/Citv of Clearwater - Ownerl
.....,....
Aoolicant. Request annexation of 0.11 acre to the City of Clearwater, and Land
Use Plan amendment to Residential Urban & Preservation Classification,. and
rezoning to LMDR, Low Medium Density Residential District at Lot 1, Block H,
Brooklawn Subdivision. ANX 00-12~26
mcd030 1
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03/2010,.
Mr. Udoh presented the request. The O. 11-acre site, on the east side of The
Mall, is south of Union Street. On June 21, 1 984, the property's previous owner
entered into an ATA with the City to connect to City water. At that time, the
property was outside the City's municipal boundaries and did not meet the
adjacency requirements for voluntary annexation. That agreement, binding upon
the previous owners, their successors, assigns, or any subsequent owner of this
property, consents to annex into the City 'when possible. As required, the City sent
written notice to the owner on October 16, 2000, stating its intent to annex this
property. That notice expired on December 14, 2000.
y
The City is initiating this annexation request. The subject property now is
contiguous with City boundaries. The City has provided water service to the
subject property following the AT A. The proposal is consistent with Florida
statutes related to voluntary annexation regulations. Staff recommends the
property have a land use plan designation of Residential Urban and Preservation and
be zoned low Medium De"sity Residential (LMDR). The property features a single-
family residence. No sewer line is available to this property. The property owner
has a septic tank. The AT A requires the property owner to pay the City a $ 200
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Recreation and Open Space impact fee by April 3, 2001. The City adopted the fee
on July 7.1983. '
Cimmarie L. Crocker expressed concern the abutting lot she owns is not
being annexed. Ms. Tarapani said property can be sold even if portion of it are in
the County and City.
Member Hooper moved to recommend approval of the annexation of O. 11
acre to the City of Clearwater, and Land Use Plan amendment to ResidentialUrban
& Preservation Classification, and rezoning to LMDR, Low Medium Density
Residential District at Lot 1, Block H, Brooklawn Subdivision. The motion was duly
seconded and carried unanimously.
Item' #012 - 2056 The Mall: Neil R. & W. Ilene M. De'Remer/Citv of Clearwater -
Owner/Aoplicant. Request annexation of 0.11 acre to the City of Clearwater, and
Land Use Plan amendment to RU, Residentia,l Urban Classification, and rezoning to
lMDR, Low Medium Density Residential District at Lot 10, Block G, Brook/awn
Subdivision. ANX 00-12-27
. Mr. Udoh presented the request. ,The 0.11-acre site, on the east side of The
Mall, is south of Union Street. On Septem,ber 11, 1984, the property's previous
owner entered into an ATA with the City to connect to City water. At that time,
. the property was outside the City's municipal boundaries and did not meet the
adjacency requirements for voluntary annexation. That agreement, binding upon
the previous owners, their successors, assigns, or any subsequent owner of this
property, consents to annex into the City when possibie. As required, the City sent
written notice to the owner on October 16, 2000, stating its intent to annex this
property. That notice expired on December 14, 2000.
The City is initiating thi~ annexation request. The subject property now is
'contiguous with City boundaries. The City has provided water service to the
subject property since September 11, 1984. The proposal is consistent with Florida
statutes related to voluntary annexation regulations. Staff recommends the
property have a land use plan designation of RU, Residential Urban Classification
and be zoned Low Medium Density Residential (LMDR). The property features a
single-family residence. No sewer line is available to this property. The property
owners have a septic tank. The ATA requires the property owner to pay the' City a
$200 Recreation and Open Space impact fee by April 3, 2001. The City adopted
the fee on July 7, 1983.
Member Hooper moved to recommend approval of the annexation of 0.11
acre to the City of Clearwater, and Land Use Plan amendment to RU, Residential
Urban CICJssification, and rezoning to LMDR, Low Medium Density f.tesidentlal
District at Lot 1 O~ Block G, Brooklawn Subdivision. The motion was duly seconded
and carried unanimously.
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'Item #013 - 1717 EI Trinidad Drive East: Paul M. & Julie M. Gramblin/Citv of
Clearwater - Owner/Aoplicant. Request annexation of 0.16 acre to the City of
Clea'rwater, and,Land Use Plan amendment to RL, Residential Low Classification,
and rezoning to LMDR, Low Medium'Density Residential District at Lot 5,' Block 1,
Virginia Grove Terrace. ANX 00-12-28
Mr. Udoh presented the request. The 0.1 6-acre site, on the east side of EI
Trinidad Drive East, is north of SR 590. On December 17, 1985, the propel'ty's
previous owner entered into an AT A with the City to connect to the City's sewer
system.' At that time, the property was outside the City's municipal boundaries
. and did not meet the adjacency requirements for vollmtary annexation. That
agreement, binding upon the previous owners, their successors, assigns, or any
subsequent owner of this property, consents to annex into the City when possible.
As required, the City'sent written notice to the owner on October 16, 2000, stating
its intent to' annex this property. That notice expired on December 14/2000.
The City is initiating this annexation request. The subject property now is
contiguous' with City bou ndaries. The City has provided sewer service to the
,subject property since December 17, 1985. The proposal is consistent with Florida
statutes related to voluntary ~nnexation regulations'. Staff recommends the "
property have a land use plan designation of Residential Low and be zoned Low
Medium Density Residential (LMDR). The property features a single-family
residence. On February 6, 2001/ the applicant paid the City the $200,Recreation
and Open Space impact fee.
, ~ember Hooper moved to recommend approval of the ar'nexation of 0.1 6
acre to the City of Clearwater, and Land Use Plan amendment to RL, Residential
Low Classlfication, and rezoning to LMDR, Low Medium Density Residential District
at at Lot 5/ Block 1/ Virginia Grove Terrace. The motion was duly seconded and
carried unanimously.
'ITEM E - APPROVAL OF THE MINUTES
Member Petersen, moved to approve the minutes of regular meeting of
February 20/ 2001, as recorded and submitted in written summation to' each board
member. The motion was duly seconded and carried unanimously.
ITEM F - DIRECTORS ITEMS
Election of Officers '
. Member Gildersleeve moved to reappoint Gerald Figurski as Chair and,
Edward Mazur, Jr. as Vice Chair. 'Mr. Mazur requested he not be considered.
.
,
Member Gildersleeve moved to reappoint Gerald Figurski as Chair and
appoint Carlen Petersen as Vice Chair. The motion was duly seconded and carried
unanimously.
mcd0301
25
03/20/01
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Consent Agenda
'. Chair Figurski requested members review his memorandum recommending .
the board' establish a Consent Agenda. Issue to be discussed. '
. In response to a suggestion, staff, will try to accommodate applicants who
must leave, early. if they are aware of t~e need.
S',," , Alternate Member
, ' It was felt it would be unfair for a~' alternate member to prep'are for m~etings
, 8ndbe not allowed to participate. Mr. Tarapani said it is important that members of
this board have, experience, related to, land issues. Staff understands that members
. sometimes have conflicts of interest. Staff had suggested an alternate member sit
on the dais and. discuss the issues. The alternate member only would vote when
the full board was not p~esent.
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Pending 'Ordinances
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In response to a question, Ms. !arpani said the City Commission had
requested additional information regarding proposed ordinan.ces related to
newsracks,~nd docks. '
ITEM G - ADJOURNMENT
The meeting adjourned at 5: 17 p.m.
Chair . I
Community Development
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